Knee decisions — 2018

The Veteran's service-connected disabilities did not render him unemployable prior to March 31, 2009. The VA Under Secretary for Benefits or the Director of the Compensation and Pension Service determined that he was not entitled to a TDIU on an extra-schedular basis.

The Board has determined that the Veteran's claimed residuals of traumatic brain injury and right knee disorder were not incurred in or aggravated by service, nor are they proximately caused or aggravated by his service-connected disabilities. The claim for service connection is therefore denied.

The Veteran's right knee disability is productive of painful flexion and extension, moderate recurrent lateral instability, and frequent episodes of 'locking' pain and effusion into the joint. The Board has granted a 10 percent rating for limitation of extension from April 27, 2011 to May 5, 2017 under Diagnostic Code 5261-5003, but denied higher ratings based on flexion or instability.

The Board has granted service connection for right knee degenerative joint disease and reopened the claim of service connection for a left knee disorder as secondary to a right knee disorder. The Veteran's current right knee condition is found to be related to his in-service injury.

The Board has reopened the Veteran's service connection claim for a left knee disability due to new and material evidence. However, further development is needed as the current VA examination opinions are incomplete and not adequate for adjudication purposes.

The Board has remanded the case due to missing statements of the case and VA Form 9 addressing the issues on appeal from the October 2009 and March 2010 rating decisions, as well as any other outstanding VA adjudicatory, developmental or evidentiary records.

The Veteran's service-connected disabilities, including chronic muscular strain low back, depressive disorder, degenerative disease of the right ankle, Osgood-Schlatter's disease of the left knee, tinnitus, arthritis of the right knee, and right ear hearing loss, preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal is being remanded due to inadequate examination reports, and he needs a new VA examination to determine the current severity of his service-connected knee disabilities.

The Board has determined that the Veteran's cervical spine, right knee, and left knee disabilities are service-connected as they are found to be directly related to his military service.

The Veteran is seeking a higher evaluation for his service-connected impairment of the tibia and fibula, including left knee disability. The Board has found that additional development is needed due to worsening symptoms.

The Board finds that the evidence is at least in equipoise regarding whether the Veteran's left knee tendonitis is related to service, and therefore grants service connection for this disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a new examination to assess his left knee and right foot disabilities.

The Veteran's broken teeth were caused by VA treatment, but not due to negligence or lack of foreseeability. The other conditions are denied as they do not meet the criteria for compensation under 38 U.S.C. § 1151.

The Board has determined that the reduction in the disability evaluation from 20 percent to 10 percent for residuals of a right knee medial meniscectomy was not proper and restored the Veteran's rating to 20 percent effective December 10, 2012.

The Board has decided to remand the Veteran's claims for additional development due to outstanding VA medical records and an inadequate VA examination.

The Veteran's appeal is remanded due to the need for additional development, including a new examination and an addendum opinion regarding functional loss during flare-ups and after repetitive use over time.

The Veteran's left knee disability is currently rated at 10 percent for painful motion, and the Board finds that this rating adequately reflects his condition.

The Veteran's left knee disability was rated at 30 percent from February 20, 2013 to October 20, 2016. An increased rating beyond this period is not warranted.

The Board has determined that the Veteran's skin, back, bilateral foot, and bilateral knee disorders are not related to his active duty service.

The Board has granted service connection for a left knee disability and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions were incurred or aggravated by service.